robust software that generates alerts when transactions are inconsistent with a
customer's risk categorisation and updated profile.


Chapter IX – Requirements/obligations under International Agreements -
Communications from International Agencies
56. Obligations under the Unlawful Activities (Prevention) (UAPA) Act, 1967:
(1) The bank shall ensure that in terms of section 51A of the Unlawful Activities
(Prevention) (UAPA) Act, 1967 and amendments thereto, it  does not have any account
in the name of individuals / entities appearing in the lists of individuals and entities,
suspected of having terrorist links, which are approved by and periodically circulated
by the United Nations Security Council (UNSC). The details of the two lists are as
under:
(i) The ‘ISIL (Da’esh) and Al-Qaida Sanctions List’, established and maintained
pursuant to Security Council resolutions 1267 / 1989 / 2253, which includes names
of
individuals
and
entities
associated
with
Al-Qaida,
is
available
at
www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list
(ii) The ‘Taliban Sanctions List’, established and maintained pursuant to Security
Council resolution 1988 (2011), which includes names of individuals and entities
associated
with
the
Taliban
is
available
at
https://www.un.org/securitycouncil/sanctions/1988/materials
(2) The bank shall also ensure to refer to the lists as available in the Schedules to the
Prevention and Suppression of Terrorism (Implementation of Security Council
Resolutions) Order, 2007, as amended from time to time. The bank shall verify the
aforementioned lists, i.e., UNSC Sanctions Lists and lists as available in the Schedules
to the Prevention and Suppression of Terrorism (Implementation of Security Council
Resolutions) Order, 2007, as amended from time to time, on a daily basis, and any
modifications to the lists in terms of additions, deletions or other changes shall be taken
into account by the bank for meticulous compliance.
(3) The bank shall report the details of accounts resembling any of the individuals /
entities in the lists to FIU-IND in addition to advising the Ministry of Home Affairs
(MHA) as required under UAPA notification dated February 2, 2021 (Annex I of these
Directions).
(4) Freezing of Assets under Section 51A of UAPA, 1967: The bank shall strictly follow
the procedure laid down in the UAPA Order dated February 2, 2021 (Annex I of these


Directions), and shall ensure the meticulous compliance with the Order issued by the
Government. The list of Nodal Officers for UAPA is available on the website of MHA.
57. Obligations under Weapons of Mass Destruction (WMD) and their Delivery
Systems (Prohibition of Unlawful Activities) Act, 2005 (WMD Act, 2005):
(1) The bank shall ensure meticulous compliance with the ‘Procedure for
Implementation of Section 12A of the Weapons of Mass Destruction (WMD) and their
Delivery Systems (Prohibition of Unlawful Activities) Act, 2005’ laid down in terms of
section 12A of the WMD Act, 2005 vide Order dated September 1, 2023, by the Ministry
of Finance, Government of India (Annex II of these Directions).
(2) In accordance with paragraph 3 of the aforementioned Order, the bank shall ensure
not to carry out transactions in case the particulars of the individual / entity match with
the particulars in the designated list.
(3) Further, the bank shall run a check, on the given parameters, at the time of
establishing a relation with a customer and on a periodic basis to verify whether
individuals and entities in the designated list are holding any funds, financial asset,
etc., in the form of bank account, etc.
(4) In case of a match in the above cases, the bank shall immediately inform the
transaction details with full particulars of the funds, financial assets or economic
resources involved to the Central Nodal Officer (CNO), designated as the authority to
exercise powers under section 12A of the WMD Act, 2005. The bank shall send a copy
of the communication to the State Nodal Officer, where the account / transaction is
held and to the RBI.
(5) The bank may note that, in terms of Paragraph 1 of the Order, Director, FIU-India
has been designated as the CNO.
(6) The bank may refer to the designated list, as amended from time to time, available
on the portal of FIU-India.
(7) In case there are reasons to believe beyond doubt that funds or assets held by a
customer would fall under the purview of clause (a) or (b) of sub-section (2) of section
12A of the WMD Act, 2005, the bank shall prevent such individual / entity from
conducting financial transactions, under intimation to the CNO by email, FAX and by
post, without delay.


(8) In case the bank receives an order to freeze assets under section 12A from the
CNO, the bank shall, without delay, take necessary action to comply with the Order.
(9) The bank shall observe the process of unfreezing of funds, etc., as per paragraph
7 of the Order. Accordingly, the bank shall forward a copy of application received from
an individual / entity regarding unfreezing, along with full details of the asset frozen, as
given by the applicant, to the CNO by email, FAX and by post, within two working days.
58. The bank shall verify every day, the ‘UNSCR 1718 Sanctions List of Designated
Individuals and Entities‘, as available at https://www.mea.gov.in/Implementation-of-
UNSC-Sanctions-DPRK.htm, to take into account any modifications to the list in terms
of additions, deletions or other changes and also ensure compliance with the
‘Implementation of Security Council Resolution on Democratic People’s Republic of
Korea Order, 2017’, as amended from time to time by the Central Government.
59. In addition to the above, the bank shall take into account:
(1) other UNSCRs and
(2) lists in the first schedule and the fourth schedule of UAPA, 1967 and any
amendments to the same for compliance with the Government orders on
implementation of section 51A of the UAPA and section 12A of the WMD Act.
60. The bank shall undertake countermeasures when called upon so to do by any
international or intergovernmental organisation of which India is a member and which
is accepted by the Central Government.
61. Jurisdictions that do not or insufficiently apply the FATF Recommendations:
(1) The bank shall consider the FATF Statements circulated by the RBI from time to
time, and publicly available information, for identifying countries, which do not or
insufficiently apply the FATF Recommendations. The bank shall apply enhanced due
diligence measures, which are effective and proportionate to the risks, to business
relationships and transactions with natural and legal persons (including financial
institutions) from countries for which this is called for by the FATF.
(2) The bank shall give special attention to business relationships and transactions with
persons (including legal persons and other financial institutions) from or in countries
that do not or insufficiently apply the FATF Recommendations and jurisdictions
included in FATF Statements.


Explanation: The processes referred to in (1) and (2) above do not preclude the bank from
having legitimate trade and business transactions with the countries and jurisdictions
mentioned in the FATF statement.
(3) The bank shall examine the background and purpose of transactions with persons
(including legal persons and other financial institutions) from jurisdictions included in
FATF Statements and countries that do not or insufficiently apply the FATF
Recommendations, retain written findings together with all documents, and make them
available to the RBI / other relevant authorities, on request.
62. The bank is encouraged to leverage latest technological innovations and tools for
effective implementation of name screening to meet the sanctions requirements.


Chapter X – Other Instructions
63. Secrecy Obligations and Sharing of Information:
(1) The bank shall maintain secrecy regarding the customer information that arises out
of the contractual relationship between the bank and the customer.
(2) The bank shall treat information collected from customers for the purpose of
opening of account as confidential and shall not divulge details thereof for the purpose
of cross-selling, or for any other purpose without the express permission of the
customer.
(3) While considering the requests for data / information from Government and other
agencies, the bank shall satisfy itself that the information being sought is not of such a
nature as will violate the provisions of the laws relating to secrecy in the transactions.
(4) The exceptions to the said rule shall be as under:
(i)
Where disclosure is under compulsion of law,
(ii)
Where there is a duty to the public to disclose,
(iii) Where the interest of the bank requires disclosure, and
(iv) Where the disclosure is made with the express or implied consent of the
customer.
64. Compliance with the provisions of Foreign Contribution (Regulation) Act,
2010: The bank shall ensure adherence to the provisions of Foreign Contribution
(Regulation) Act, 2010, and Rules made thereunder. Further, the bank shall also
ensure meticulous compliance with any instructions / communications on the matter
issued from time to time by the RBI based on advice received from the Ministry of
Home Affairs, Government of India.
65. CDD Procedure and sharing KYC information with Central KYC Records
Registry (CKYCR)
(1) Government of India has authorised the Central Registry of Securitisation Asset
Reconstruction and Security Interest of India (CERSAI), to act as, and to perform the
functions of the CKYCR vide Gazette Notification No. S.O. 3183(E) dated November 26,
2015.


(2) In terms of provision of Rule 9(1A) of the PML Rules, the bank shall capture
customer’s KYC records and upload onto CKYCR within 10 days of commencement
of an account-based relationship with the customer.
(3) Operational Guidelines for uploading the KYC data have been released by
CERSAI.
(4) The bank shall capture the KYC information for sharing with the CKYCR in the
manner mentioned in the Rules, as per the KYC templates prepared for ‘Individuals’
and ‘Legal Entities’ (LEs), as the case may be. The templates may be revised from
time to time, as may be required and released by CERSAI.
(5) The ‘live run’ of the CKYCR started from July 15, 2016, in a phased manner,
beginning with new ‘individual accounts’. Accordingly, Scheduled Commercial Banks
shall invariably upload the KYC data pertaining to all new individual accounts opened
on or after January 1, 2017, with CKYCR.  SCBs were initially allowed time up-to
February 1, 2017, for uploading data in respect of accounts opened during January
2017.
REs other than SCBs were required to start uploading the KYC data pertaining to all
new individual accounts opened on or after from April 1, 2017, with CKYCR in terms
of the provisions of the Rules ibid.
(6) The bank shall upload KYC records pertaining to accounts of LEs opened on or
after April 1, 2021, with CKYCR in terms of the provisions of the Rules ibid. The bank
shall upload KYC records as per the LE Template released by CERSAI.
(7) Once KYC Identifier is generated by CKYCR, the bank shall ensure that the same is
communicated to the individual / LE as the case may be.
(8) In order to ensure that all KYC records are incrementally uploaded on to CKYCR,
the bank shall upload / update the KYC data pertaining to accounts of individual
customers and LEs opened prior to the above-mentioned dates as per clauses (5) and
(6), respectively, at the time of periodic updation as specified in paragraph 42 of these
Directions, or earlier, when the updated KYC information is obtained / received from
the customer. Also, whenever the bank obtains additional or updated information from
any customer as per clause (10) below in this paragraph or Rule 9 (1C) of the PML
Rules, the bank shall within seven days or within such period as may be notified by the
Central Government, furnish the updated information to CKYCR, which shall update


the KYC records of  the  existing  customer  in  CKYCR.  CKYCR  shall  thereafter
inform electronically all the reporting entities who have dealt with the concerned
customer regarding updation of KYC record of the said customer. Once CKYCR
informs the bank regarding an update in the KYC record of an existing customer, the
bank shall retrieve the updated KYC records from CKYCR and update the KYC record
maintained by the bank.
(9) The bank shall ensure that during periodic updation, the customers are migrated to
the current CDD standard.
(10) For the purpose of establishing an account-based relationship, updation / periodic
updation or for verification of identity of a customer, the bank shall seek the KYC Identifier
from the customer or retrieve the KYC Identifier, if available, from the CKYCR and
proceed to obtain KYC records online by using such KYC Identifier and shall not
require a customer to submit the same KYC records or information or any other
additional identification documents or details, unless–
(i)
there is a change in the information of the customer as existing in the records
of CKYCR; or
(ii)
the KYC record or information retrieved is incomplete or is not as per the
current applicable KYC norms; or
(iii) the validity period of downloaded documents has lapsed; or
(iv) the bank considers it necessary in order to verify the identity or address
(including current address) of the customer, or to perform enhanced due
diligence or to build an appropriate risk profile of the customer.
[1Explanation: The RE that has last uploaded or updated the customer’s KYC records
in the CKYCR shall be responsible for verifying the identity and / or address of the
customer, as applicable. Accordingly, any bank downloading and relying on such
records from the CKCYR shall not be required to re-verify the authenticity of the
customer’s identity and / or address, provided the KYC records downloaded from
CKYCR are current and compliant with the PML Act, 2002 / PML Rules, 2005. The

1 Inserted with effect from December 29, 2025 vide Reserve Bank of India (Commercial Banks – Know Your
Customer) Amendment Directions, 2025 dated December 29, 2025


bank downloading and relying on KYC records downloaded from the CKCYR shall
remain responsible for all aspects of CDD procedure and provisions of these
Directions, except verification of identity and / or address of the customer.]
66. Reporting requirement under Foreign Account Tax Compliance Act (FATCA)
and Common Reporting Standards (CRS): Under FATCA and CRS, the bank shall
adhere to the provisions of Income Tax Rules 114F, 114G and 114H and determine
whether they are a Reporting Financial Institution as defined in Income Tax Rule 114F
and if so, shall take following steps for complying with the reporting requirements:
(1) Register on the related e-filing portal of Income Tax Department as Reporting
Financial Institutions at the link https://incometaxindiaefiling.gov.in/ post login --> My
Account --> Register as Reporting Financial Institution.
(2) Submit online reports by using the digital signature of the ‘Designated Director’ by
either uploading the Form 61B or ‘NIL’ report, for which, the schema prepared by
Central Board of Direct Taxes (CBDT) shall be referred to.
Explanation: REs shall refer to the spot reference rates published by Foreign Exchange
Dealers’
Association
of
India
(FEDAI)
on
their
website
at
http://www.fedai.org.in/RevaluationRates.aspx for carrying out the due diligence
procedure for the purposes of identifying reportable accounts in terms of Rule 114H.
(3) Develop Information Technology (IT) framework for carrying out due diligence
procedure and for recording and maintaining the same, as provided in Rule 114H.
(4) Develop a system of audit for the IT framework and compliance with Rules 114F,
114G and 114H of Income Tax Rules.
(5) Constitute a ‘High-Level Monitoring Committee’ under the Designated Director or
any other equivalent functionary to ensure compliance.
(6) Ensure compliance with updated instructions / rules / guidance notes / Press
releases / issued on the subject by Central Board of Direct Taxes (CBDT) from time to
time
and
available
on
the
website
http://www.incometaxindia.gov.in/Pages/default.aspx. REs may take note of the
following:
(i)
updated Guidance Note on FATCA and CRS
(ii)
a press release on ‘Closure of Financial Accounts’ under Rule 114H (8).


67. Period for presenting payment instruments: The bank shall not make payment
of cheques / drafts / pay orders/ banker’s cheques, if the customer presents them
beyond the period of three months from the date of such instruments.
68. Operation of Bank Accounts and Money Mules: The bank shall strictly adhere
to the instructions on opening of accounts and monitoring of transactions, to minimise
the operations of ‘Money Mules’ that are used to launder the proceeds of fraud
schemes (e.g., phishing and identity theft) by criminals who gain illegal access to
deposit accounts by recruiting third parties that act as ‘money mules’. The bank shall
undertake diligence measures and meticulous monitoring to identify accounts which
are operated as Money Mules and take appropriate action, including reporting of
suspicious transactions to FIU-IND. Further, if it is established that an account opened
and operated is that of a Money Mule, but STR was not filed by the concerned bank, it
shall then be deemed that the bank has not complied with these directions.
69. Collection of Account Payee Cheques: The bank shall not collect account payee
cheques for any person other than the payee constituent. The bank shall, at its option,
collect account payee cheques drawn for an amount not exceeding ₹50,000 to the
account of its customers who are co-operative credit societies, provided the payees of
such cheques are the constituents of such co-operative credit societies.
70. The bank shall allot Unique Customer Identification Code (UCIC) while entering
into new relationships with individual customers as also the existing individual
customers.
71. The bank shall, at their option, not issue UCIC to all walk-in / occasional customers
provided it is ensured that there is adequate mechanism to identify such walk-in
customers who have frequent transactions with them and ensure that they are allotted
UCIC.
72. Introduction of New Technologies: The bank shall identify and assess the ML /
TF risks that may arise in relation to the development of new products and new
business practices, including new delivery mechanisms, and the use of new or
developing technologies for both new and existing products. Further, the bank shall
ensure:
(1) to undertake the ML / TF risk assessments prior to the launch or use of such
products, practices, services, technologies; and


(2) adoption of a risk-based approach to manage and mitigate the risks through
appropriate EDD measures and transaction monitoring, etc.
73. Correspondent Banking: The bank shall have a policy approved by its Boards,
or by a committee headed by the Chairman / CEO / MD, to lay down parameters for
approving cross-border correspondent banking and other similar relationships. In
addition to performing normal CDD measures, such relationships shall be subject to
the following conditions:
(1) The bank shall gather sufficient information about a respondent bank to understand
fully the nature of the respondent bank’s business and to determine from publicly
available information the reputation of the respondent bank and the quality of
supervision, including whether it has been subjected to a ML / TF investigation or
regulatory action. The bank shall assess the respondent bank’s AML / CFT controls.
(2) The information gathered in relation to the nature of business of the respondent
bank shall include information on management, major business activities, purpose of
opening the account, identity of any third-party entities that will use the correspondent
banking services, regulatory / supervisory framework in the respondent bank’s home
country among other relevant information.
(3) The bank shall obtain the prior approval from senior management for establishing
new correspondent banking relationships. However, the bank shall also take post
facto-approval of the Board or the Committee empowered for this purpose.
(4) The bank shall clearly document and understand the respective AML / CFT
responsibilities of institutions involved.
(5) In the case of payable-through-accounts, the correspondent bank shall be satisfied
that the respondent bank has conducted CDD on the customers having direct access
to the accounts of the correspondent bank and is undertaking ongoing 'due diligence'
on them.
(6) The correspondent bank shall ensure that the respondent bank is able to provide
the relevant CDD information immediately on request.
(7) The bank shall not enter into or continue a correspondent relationship with a shell
bank.
(8) The bank shall ensure that the respondent banks do not permit their accounts to


be used by shell banks.
(9) The bank shall be cautious of correspondent banking relationships with institutions
located in jurisdictions which have strategic deficiencies or have not made sufficient
progress in implementation of FATF Recommendations.
(10) The bank shall ensure that respondent banks have KYC / AML policies and
procedures in place and apply enhanced 'due diligence' procedures for transactions
carried out through the correspondent accounts.
74. Wire Transfer
(1) Information requirements for wire transfers for the purpose of this Direction:
(i) All cross-border wire transfers shall be accompanied by accurate, complete, and
meaningful originator and beneficiary information as mentioned below:
(a) name of the originator;
(b) the originator account number where such an account is used to process the
transaction;
(c) the originator’s address, or national identity number, or customer identification
number, or date and place of birth;
(d) name of the beneficiary; and
(e) the beneficiary account number where such an account is used to process the
transaction.
In the absence of an account, a unique transaction reference number should be included
which permits traceability of the transaction.
(ii) In case of batch transfer, where several individual cross-border wire transfers from
a single originator are bundled in a batch file for transmission to beneficiaries, they
(i.e., individual transfers) are exempted from the requirements of clause (i) above in
respect of originator information, provided that they include the originator’s account
number or unique transaction reference number, as mentioned above, and the batch
file contains required and accurate originator information, and full beneficiary
information, that is fully traceable within the beneficiary country.
(iii) Domestic wire transfer, where the originator is an account holder of the ordering
bank, shall be accompanied by originator and beneficiary information, as indicated for


cross-border wire transfers in (i) and (ii) above.
(iv) Domestic wire transfers of ₹50,000 and above, where the originator is not an
account holder of the ordering bank, shall also be accompanied by originator and
beneficiary information as indicated for cross-border wire transfers.
Provided that In case of domestic wire transfers below ₹50,000 where the originator is
not an account holder of the ordering banks and where the information accompanying
the wire transfer can be made available to the beneficiary RE and appropriate
authorities by other means, it is sufficient for the ordering bank to include a unique
transaction reference number, provided that this number or identifier will permit the
transaction to be traced back to the originator or the beneficiary.
Provided further that the ordering bank shall make the information available within
three working / business days of receiving the request from the intermediary RE,
beneficiary RE, or from appropriate competent authorities.
(v) The bank shall ensure that all the information on the wire transfers shall be
immediately made available to appropriate law enforcement authorities, prosecuting /
competent authorities as well as FIU-IND on receiving such requests with appropriate
level provisions.
(vi) The wire transfer instructions are not intended to cover the following types of
payments:
(a) Any transfer that flows from a transaction carried out using a credit card / debit card
/ Prepaid Payment Instrument (PPI), including through a token or any other similar
reference string associated with the card / PPI, for the purchase of goods or services,
so long as the credit or debit card number or PPI id or reference number accompanies
all transfers flowing from the transaction. However, when a credit or debit card or PPI is
used as a payment system to effect a person-to-person wire transfer, the wire transfer
instructions shall apply to such transactions and the necessary information should be
included in the message.
(b) Financial institution-to-financial institution transfers and settlements, where both the
originator person and the beneficiary person are regulated financial institutions acting
on their own behalf.
It is, however, clarified that nothing within these instructions will impact the obligation


of the bank to comply with applicable reporting requirements under PML Act, 2002,
and the Rules made thereunder, or any other statutory requirement in force.
(2) Responsibilities of ordering bank, intermediary bank and beneficiary bank, effecting
wire transfer, are as under:
(i) Ordering bank:
(a) The ordering bank shall ensure that all cross-border and qualifying domestic wire
transfers {viz., transactions as per sub-clauses (iii) and (iv) of clause (1) above}, contain
required and accurate originator information and required beneficiary information, as
indicated above.
(b) Customer Identification shall be made if a customer, who is not an account holder
of the ordering bank, is intentionally structuring domestic wire transfers below ₹50,000
to avoid reporting or monitoring. In case of non-cooperation from the customer, efforts
shall be made to establish identity and if the same transaction is found to be suspicious,
STR may be filed with FIU-IND in accordance with the PML Rules.
(c) Ordering bank shall not execute the wire transfer if it is not able to comply with the
requirements stipulated in this paragraph.
(ii) Intermediary bank:
(a) The bank processing an intermediary element of a chain of wire transfers shall
ensure that all originator and beneficiary information accompanying a wire transfer is
retained with the transfer.
(b) Where technical limitations prevent the required originator or beneficiary
information accompanying a cross-border wire transfer from remaining with a related
domestic wire transfer, the intermediary bank shall keep a record, for at least five years,
of all the information received from the ordering financial institution or another
intermediary bank.
(c) Intermediary bank shall take reasonable measures to identify cross- border wire
transfers that lack required originator information or required beneficiary information.
Such measures should be consistent with straight-through processing.
(d) Intermediary bank shall have effective risk-based policies and procedures for
determining:


a. when to execute, reject, or suspend a wire transfer lacking required originator or
required beneficiary information; and
b. the appropriate follow-up action including seeking further information and if the
transaction is found to be suspicious, reporting to FIU-IND in accordance with the PML
Rules.
(iii) Beneficiary bank:
(a) Beneficiary bank shall take reasonable measures, including post-event monitoring
or real-time monitoring where feasible, to identify cross- border wire transfers and
qualifying domestic wire transfers {viz., transactions as per sub-clauses (iii) and (iv) of
clause (1) above}, that lack required originator information or required beneficiary
information.
(b) Beneficiary bank shall have effective risk-based policies and procedures for
determining: (a) when to execute, reject, or suspend a wire transfer lacking required
originator or required beneficiary information; and (b) the appropriate follow-up action
follow-up action including seeking further information and if the transaction is found to
be suspicious, reporting to FIU-IND in accordance with the PML Rules.
(iv) Money Transfer Service Scheme (MTSS) providers and other banks, shall comply
with all of the relevant requirements of this paragraph, whether they are providing
services directly or through their agents. The bank that control both the ordering and the
beneficiary side of a wire transfer shall:
(a) take into account all the information from both the ordering and beneficiary sides in
order to determine whether an STR has to be filed; and
(b) file an STR with FIU, in accordance with the PML Rules, if a transaction is found to
be suspicious.
(3) Other Obligations:
(i) Obligations in respect of the bank’s engagement or involvement with unregulated
entities in the process of wire transfer: The bank shall be cognizant of their obligations
under these instructions and ensure strict compliance, in respect of engagement or
involvement of any unregulated entities in the process of wire transfer. More
specifically, whenever there is involvement of any unregulated entities in the process
of wire transfers, the concerned bank shall be fully responsible for information,


reporting and other requirements and therefore shall ensure, inter alia, that:
(a) there is unhindered flow of complete wire transfer information, as mandated under
these directions, from and through the unregulated entities involved;
(b) the agreement / arrangement, if any, with such unregulated entities by the bank
clearly stipulates the obligations under wire transfer instructions; and
(c) a termination clause is available in their agreement / arrangement, if any, with such
entities so that in case the unregulated entities are unable to support the wire
information requirements, the agreement / arrangement can be terminated. Existing
agreements / arrangements, if any, with such entities shall be reviewed within three
months to ensure aforementioned requirements.
(ii) The bank’s responsibility while undertaking cross-border wire transfer with respect
to name screening (such that they do not process cross-border transactions of
designated persons and entities): The bank is prohibited from conducting transactions
with designated persons and entities and accordingly, in addition to compliance with
Chapter IX of the Directions, the bank shall ensure that they do not process cross-
border transactions of designated persons and entities.
(iii) The bank’s responsibility to fulfil record management requirements: Complete
originator and beneficiary information relating to wire transfers shall be preserved by
the bank involved in the wire transfer, in accordance with paragraph 50 of these
Directions.
75. Issue and Payment of Demand Drafts, etc.:
(1) Any remittance of funds by way of demand draft, mail / telegraphic transfer / NEFT
/ IMPS or any other mode and issue of travellers’ cheques for value of ₹50,000 and
above shall be effected by debit to the customer’s account or against cheques and not
against cash payment.
(2) Further, the bank shall incorporate the name of the purchaser on the face of the
demand draft, pay order, banker’s cheque, etc., by the issuing bank. These instructions
shall take effect for such instruments issued on or after September 15, 2018.
76. Quoting of PAN: PAN or equivalent e-document thereof of customers shall be
obtained and verified while undertaking transactions as per the provisions of Income
Tax Rule 114B applicable to banks, as amended from time to time, which includes


opening of accounts with banks, etc. Form 60 shall be obtained from persons who do
not have PAN or equivalent e-document thereof.
77. Selling Third party products: The bank acting as agent while selling third party
products as per regulations in force from time to time shall comply with the following
aspects for the purpose of these directions:
(1) the identity and address of the walk-in customer shall be verified for transactions
above ₹50,000 as required under clause (5) of paragraph 21 of these Directions.
(2) transaction details of sale of third-party products and related records shall be
maintained as prescribed in paragraph 50 of Chapter VII.
(3) AML software capable of capturing, generating and analysing alerts for the purpose
of filing CTR / STR in respect of transactions relating to third party products with
customers including walk-in customers shall be available.
(4) transactions involving ₹50,000 and above shall be undertaken only by:
(i) debit to customers’ account or against cheques; and
(ii) obtaining and verifying the PAN given by the account-based as well as walk-in
customers.
(5) Instruction at (4) above shall also apply to sale of the bank’s own products, payment
of dues of credit cards / sale and reloading of prepaid / travel cards and any other
product for ₹50,000 and above.
78. At-par cheque facility availed by co-operative banks
(1) The ‘at par’ cheque facility offered by the bank to co-operative banks shall be
monitored and such arrangements be reviewed to assess the risks including credit risk
and reputational risk arising therefrom.
(2) The right to verify the records maintained by the customer cooperative banks /
societies for compliance with the extant instructions on KYC and AML under such
arrangements shall be retained by bank.
79. Hiring of Employees and Employee training:
(1) The bank shall put in place an adequate screening mechanism, including Know
Your Employee / Staff policy, as an integral part of its personnel recruitment / hiring
process.


(2) The bank shall endeavour to ensure that the staff dealing with / being deployed for
KYC / AML / CFT matters have: high integrity and ethical standards, good
understanding of extant KYC / AML / CFT standards, effective communication skills
and ability to keep up with the changing KYC / AML / CFT landscape, nationally and
internationally. The bank shall also strive to develop an environment which fosters
open communication and high integrity amongst the staff.
(3) The bank shall put in place an on-going employee training programme so that the
members of staff are adequately trained in KYC / AML / CFT policy. The focus of the
training shall be different for frontline staff, compliance staff and staff dealing with new
customers. The bank shall specially train the front desk staff to handle issues arising
from lack of customer education. The bank shall ensure the proper staffing of the audit
function with persons adequately trained and well-versed in KYC / AML / CFT policies
of the bank, regulation and related issues.


Chapter XI – Repeal and Other Provisions
A. Repeal and saving
80. With the issue of these Directions, the existing Directions, instructions, and
guidelines relating to Know Your Customer as applicable to Commercial Banks stand
repealed, as communicated vide circular DOR.RRC.REC.302/33-01-010/2025-26 dated
November 28, 2025. The Directions, instructions, and guidelines repealed prior to the
issuance of these Directions shall continue to remain repealed.
81. Notwithstanding such repeal, any action taken or purported to have been taken, or
initiated under the repealed Directions, instructions, or guidelines shall continue to be
governed by the provisions thereof. All approvals or acknowledgments granted under
these repealed lists shall be deemed as governed by these Directions. Further, the
repeal of these directions, instructions, or guidelines shall not in any way prejudicially
affect:
(1) any right, obligation or liability acquired, accrued, or incurred thereunder;
(2) any penalty, forfeiture, or punishment incurred in respect of any contravention
committed thereunder;
(3) any investigation, legal proceeding, or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any
such investigation, legal proceedings or remedy may be instituted, continued, or
enforced and any such penalty, forfeiture or punishment may be imposed as if those
directions, instructions, or guidelines had not been repealed.
B. Application of other laws not barred
82. The provisions of these Directions shall be in addition to, and not in derogation of
the provisions of any other laws, rules, regulations, or directions, for the time being in
force.
C. Interpretation
83. For the purpose of giving effect to the provisions of these Directions or in order to
remove any difficulties in the application or interpretation of the provisions of these
Directions, the RBI may, if it considers necessary, issue necessary clarifications in
respect of any matter covered herein and the interpretation of any provision of these


Directions given by the RBI shall be final and binding.

Veena Srivastava
(Chief General Manager)


Annex – I
File No. 14014/01/2019/CFT
Government of India
Ministry of Home Affairs
CTCR Division
North Block, New Delhi.
Dated: the 2nd February, 2021
(Amended vide corrigendum dated March 15, 2023)
(Amended vide corrigendum dated August 29, 2023)
(Amended vide corrigendum dated April 22, 2024)
ORDER
Subject: - Procedure for implementation of Section 51A of the Unlawful Activities
(Prevention) Act, 1967.
Section 51A of the Unlawful Activities (Prevention) Act, 1967 (UAPA) reads as under:-
"51A. For the prevention of, and for coping with terrorist activities, the Central
Government shall have power to —
a) freeze, seize or attach funds and other financial assets or economic resources held
by, on behalf of or at the direction of the individuals or entities listed in the Schedule to
the Order, or any other person engaged in or suspected to be engaged in terrorism;
b) prohibit any individual or entity from making any funds, financial assets or economic
resources or related services available for the benefit of the individuals or entities listed
in the Schedule to the Order or any other person engaged in or suspected to be
engaged in terrorism;
c) prevent the entry into or the transit through India of individuals listed in the Schedule
to the Order or any other person engaged in or suspected to be engaged in terrorism".
The Unlawful Activities (Prevention) Act, 1967 defines "Order" as under: -
"Order" means the Prevention and Suppression of Terrorism (Implementation of
Security Council Resolutions) Order, 2007, as may be amended from time to time.
2. In order to ensure expeditious and effective implementation of the provisions of
Section 51A, a revised procedure is outlined below in supersession of earlier orders


and guidelines on the subject:
3. Appointment and communication details of the UAPA Nodal Officers:
3.1 The Joint Secretary (CTCR), Ministry of Home Affairs would be the Central
[designated] Nodal Officer for the UAPA [Telephone Number: 011-24010033, 011-
24010034, 011-230923465 (Fax), email address:  jsctcr-mha@gov.in].
3.2 The Ministry of External Affairs, Department of Economic Affairs, Ministry of
Corporate Affairs, Foreigners Division of MHA, FIU-IND, Central Board of Indirect
Taxes and Customs (CBIC) and Financial Regulators (RBI, SEBI and IRDA) shall
appoint a UAPA Nodal Officer and communicate the name and contact details to the
Central [designated] Nodal Officer for the UAPA.
3.4 All the States and UTs shall appoint a UAPA Nodal Officer preferably of the rank
of the Principal Secretary/Secretary, Home Department and communicate the name
and contact details to the Central [designated] Nodal Officer for the UAPA.
3.5 The Central [designated] Nodal Officer for the UAPA shall maintain the
consolidated list of all UAPA Nodal Officers and forward the list to all other UAPA Nodal
Officers, in July every year or as and when the list is updated and shall cause the
amended list of UAPA Nodal Officers circulated to all the Nodal Officers.
3.6 The Financial Regulators shall forward the consolidated list of UAPA Nodal Officers
to the banks, stock exchanges/depositories, intermediaries regulated by SEBI and
insurance companies.
3.7 The Regulators of the real estate agents, dealers in precious metals & stones
(DPMS) and DNFBPs shall forward the consolidated list of UAPA Nodal Officers to the
real estate agents, dealers in precious metals & stones (DPMS) and DNFBPs.
4. Communication of the list of designated individuals/entities:
4.1 The Ministry of External Affairs shall update the list of individuals and entities
subject to the UN sanction measures whenever changes are made in the lists by the
UNSC 1267 Committee pertaining to Al Qaida and Da’esh and the UNSC 1988
Committee pertaining to Taliban. On such revisions, the Ministry of External Affairs
would electronically forward the changes without delay to the designated Nodal
Officers in the Ministry of Corporate Affairs, CBIC, Financial Regulators, FIU–IND,
CTCR Division and Foreigners Division in MHA.


4.2 The Financial Regulators shall forward the list of designated persons as mentioned
in Para 4(i) above, without delay to the banks, stock exchanges/ depositories,
intermediaries regulated by SEBI and insurance companies.
4.3 The Central [designated] Nodal Officer for the UAPA shall forward the designated
list as mentioned in Para 4(i) above, to all the UAPA Nodal Officers of States/UTs
without delay.
4.4 The UAPA Nodal Officer in Foreigners Division of MHA shall forward the
designated list as mentioned in Para 4(i) above, to the immigration authorities and
security agencies without delay.
4.5 The Regulators of the real estate agents, dealers in precious metals & stones
(DPMS) and DNFBPs shall forward the list of designated persons as mentioned in Para
4(i) above, to the real estate agents, dealers in precious metals & stones (DPMS) and
DNFBPs without delay.
5. Regarding funds, financial assets or economic resources or related services
held in the form of bank accounts, stocks or Insurance policies etc.
5.1 The Financial Regulators will issue necessary guidelines to banks, stock
exchanges/depositories, intermediaries regulated by the SEBI and insurance
companies requiring them -
(i) To maintain updated designated lists in electronic form and run a check on the given
parameters on a daily basis to verify whether individuals or entities listed in the
Schedule to the Order, hereinafter, referred to as designated individuals/entities are
holding any funds, financial assets or economic resources or related services held in
the form of bank accounts, stocks, Insurance policies etc., with them.
(ii) In case, the particulars of any of their customers match with the particulars of
designated
individuals/entities,
the
banks,
stock
exchanges/depositories,
intermediaries   regulated by SEBI, insurance companies shall immediately inform full
particulars of the funds, financial assets or economic resources or related services held
in the form of bank accounts, stocks or Insurance policies etc., held by such customer
on their books to the Central [designated] Nodal Officer for the UAPA, at Fax No.011-
23092551 and also convey over telephone No. 011-23092548. The particulars apart
from being sent by post shall necessarily be conveyed on email id: jsctcr-mha@gov.in.


(iii) The banks, stock exchanges/depositories, intermediaries regulated by SEBI and
insurance companies shall also send a copy of the communication mentioned in 5.1
(ii) above to the UAPA Nodal Officer of the State/UT where the account is held and to
Regulators and FIU-IND, as the case may be, without delay.
(iv) In case, the match of any of the customers with the particulars of designated
individuals/entities is beyond doubt, the banks, stock exchanges/depositories,
intermediaries regulated by SEBI and insurance companies shall prevent such
designated persons from conducting financial transactions, under intimation to the
Central [designated] Nodal Officer for the UAPA at Fax No.011-23092551 and also
convey over telephone No.011-23092548. The particulars apart from being sent by
post should necessarily be conveyed on e-mail id: jsctcr-mha@gov.in, without delay.
(v) The banks, stock exchanges/depositories, intermediaries regulated by SEBI, and
insurance companies shall file a Suspicious Transaction Report (STR) with FIU-IND
covering all transactions in the accounts, covered under Paragraph 5.1(ii) above,
carried through or attempted as per the prescribed format.
5.2 On receipt of the particulars, as referred to in Paragraph 5 (i) above, the Central
[designated] Nodal Officer for the UAPA would cause a verification to be conducted by
the State Police and/or the Central Agencies so as to ensure that the
individuals/entities identified by the banks, stock exchanges/ depositories,
intermediaries and insurance companies are the ones listed as designated
individuals/entities and the funds, financial assets or economic resources or related
services, reported by banks, stock exchanges/depositories, intermediaries regulated
by SEBI and insurance companies are held by the designated individuals/entities. This
verification would be completed expeditiously from the date of receipt of such
particulars.
5.3 In case, the results of the verification indicate that the properties are
owned by or are held for the benefit of the designated individuals/entities, an orders to
freeze these assets under Section 51A of the UAPA would be issued by the Central
[designated] nodal officer for the UAPA without delay and conveyed electronically to
the concerned bank branch, depository and insurance company under intimation to
respective Regulators and FIU-IND. The Central [designated] nodal officer for the
UAPA shall also forward a copy thereof to all the Principal Secretaries/Secretaries,


Home Department of the States/UTs and all UAPA nodal officers in the country, so
that any individual or entity may be prohibited from making any funds, financial assets
or economic resources or related services available for the benefit of the designated
individuals/ entities or any other person engaged in or suspected to be engaged in
terrorism. The Central [designated] Nodal Officer for the UAPA shall also forward a
copy of the order to all Directors General of Police/ Commissioners of Police of all
States/UTs for initiating action under the provisions of the Unlawful Activities
(Prevention) Act, 1967.
 The order shall be issued without prior notice to the designated individual/entity.
6. Regarding financial assets or economic resources of the nature of immovable
properties:
6.1 The Central [designated] Nodal Officer for the UAPA shall electronically forward
the designated list to the UAPA Nodal Officers of all States and UTs with request to
have the names of the designated individuals/entities, on the given parameters,
verified from the records of the office of the Registrar performing the work of
registration of immovable properties in their respective jurisdiction, without delay.
6.2 In case, the designated individuals/entities are holding financial assets or
economic resources of the nature of immovable property and if any match with the
designated individuals/entities is found, the UAPA Nodal Officer of the State/UT would
cause communication of the complete particulars of such individual/entity along with
complete details of the financial assets or economic resources of the nature of
immovable property to the Central [designated] Nodal Officer for the UAPA without
delay at Fax No. 011-23092551 and also convey over telephone No. 011-23092548.
The particulars apart from being sent by post would necessarily be conveyed on email
id: jsctcr-mha@gov.in.
6.3 The UAPA Nodal Officer of the State/UT may cause such inquiry to be conducted
by the State Police so as to ensure that the particulars sent by the Registrar performing
the work of registering immovable properties are indeed of these designated
individuals/entities. This verification shall be completed without delay and shall be
conveyed within 24 hours of the verification, if it matches with the particulars of the
designated individual/entity to the Central [designated] Nodal Officer for the UAPA at
the given Fax, telephone numbers and also on the email id.


6.4 The Central [designated] Nodal Officer for the UAPA may also have the verification
conducted by the Central Agencies. This verification would be completed
expeditiously.
6.5 In case, the results of the verification indicates that the particulars match
with those of designated individuals/entities, an order under Section 51A of the UAPA
shall be issued by the Central [designated] Nodal Officer for the UAPA without delay
and conveyed to the concerned Registrar performing the work of registering
immovable properties and to FIU-IND under intimation to the concerned UAPA Nodal
Officer of the State/UT.
The order shall be issued without prior notice to the designated individual/entity.
6.6 Further, the UAPA Nodal Officer of the State/UT shall cause to monitor the
transactions/ accounts of the designated individual/entity so as to prohibit any
individual or entity from making any funds, financial assets or economic resources or
related services available for the benefit of the individuals or entities listed in the
Schedule to the Order or any other person engaged in or suspected to be engaged in
terrorism. The UAPA Nodal Officer of the State/UT shall, upon becoming aware of any
transactions and attempts by third party immediately bring to the notice of the
DGP/Commissioner of Police of the State/UT for initiating action under the provisions
of the Unlawful Activities (Prevention) Act, 1967.
7. Regarding the real-estate agents, dealers of precious metals/stones (DPMS)
and other Designated Non-Financial Businesses and Professions (DNFBPs) and
any other person:
(i) The Designated Non-Financial Businesses and Professions (DNFBPs), inter alia,
include casinos, real estate agents, dealers in precious metals/stones (DPMS),
lawyers/notaries, accountants, company service providers and societies/ firms and
non-profit organizations.  The list of designated entities/individuals should be circulated
to all DNFBPs by the concerned Regulators without delay.
(a)  The DNFBPs are required to ensure that if any designated individual/entity
approaches them for a transaction or relationship or attempts to undertake such
transactions, the dealer should not carry out such transactions and, without delay,
inform the UAPA Nodal officer of the State/UT with details of the funds/assets held and
the details of the transaction, who in turn would follow the same procedure as in para


6.2 to 6.6 above. Further, if the dealers hold any assets or funds of the designated
individual/entity, either directly or indirectly, they shall freeze the same without delay
and inform the UAPA Nodal officer of the State/UT.
(ii) The CBIC shall advise the dealers of precious metals/stones (DPMS) that if any
designated individual/entity approaches them for sale/purchase of precious
metals/stones or attempts to undertake such transactions the dealer should not carry
out such transaction and without delay inform the CBIC, who in turn follow the similar
procedure as laid down in the paragraphs 6.2 to 6.5 above.
(iii) The UAPA Nodal Officer of the State/UT shall advise the Registrar of Societies/
Firms/ non-profit organizations that if any designated individual/ entity is a shareholder/
member/ partner/ director/ settler/ trustee/ beneficiary/ beneficial owner of any society/
partnership firm/ trust/ non-profit organization, then the Registrar should inform the
UAPA Nodal Officer of the State/UT without delay, who will, in turn, follow the
procedure as laid down in the paragraphs 6.2 to 6.5 above. The Registrar should also
be advised that no societies/ firms/ non-profit organizations should be allowed to be
registered, if any of the designated individual/ entity is a director/ partner/ office bearer/
trustee/ settler/ beneficiary or beneficial owner of such juridical person and in case
such request is received, then the Registrar shall inform the UAPA Nodal Officer of the
concerned State/UT without delay, who will, in turn, follow the procedure laid down in
the  paragraphs 6.2 to 6.5 above.
(iv) The UAPA Nodal Officer of the State/UT shall also advise appropriate department
of the State/UT, administering the operations relating to Casinos, to ensure that the
designated individuals/ entities should not be allowed to own or have beneficial
ownership in any Casino operation. Further, if any designated individual/ entity visits
or participates in any game in the Casino and/ or if any assets of such designated
individual/ entity is with the Casino operator, and of the particulars of any client
matches with the particulars of designated individuals/ entities, the Casino owner shall
inform the UAPA Nodal Officer of the State/UT without delay, who shall in turn follow
the procedure laid down in paragraph 6.2 to 6.5 above.
(v) The Ministry of Corporate Affairs shall issue an appropriate order to the Institute of
Chartered Accountants of India, Institute of Cost and Works Accountants of India and
Institute of Company Secretaries of India (ICSI) requesting them to sensitize their


respective members to the provisions of Section 51A of UAPA, so that if any
designated individual/entity approaches them, for entering/ investing in the financial
sector and/or immovable property, or they are holding or managing any assets/
resources of Designated individual/ entities, then the member shall convey the
complete details of such designated individual/ entity to UAPA Nodal Officer in the
Ministry of Corporate Affairs who shall in turn follow the similar procedure as laid down
in paragraph 6.2 to 6.5  above.
(vi) The members of these institutes should also be sensitized that if they have
arranged for or have been approached for incorporation/ formation/ registration of any
company, limited liability firm, partnership firm, society, trust, association where any of
designated individual/ entity is a director/ shareholder/ member of a company/ society/
association or partner in a firm or settler/ trustee or beneficiary of a trust or a beneficial
owner of a juridical person, then the member of the institute  should not incorporate/
form/ register such juridical person and should convey the complete details of such
designated individual/ entity to UAPA Nodal Officer in the Ministry of Corporate Affairs
who shall in turn follow the similar procedure as laid down in paragraph 6.2 to 6.5
above.
(vii) In addition, the member of the ICSI be sensitized that if he/she is Company
Secretary or is holding any managerial position where any of designated individual/
entity is a Director and/or Shareholder or having beneficial ownership of any such
juridical person then the member should convey the complete details of such
designated individual/ entity to UAPA Nodal Officer in the Ministry of Corporate Affairs
who shall in turn follow the similar procedure as laid down in paragraph 6.2 to 6.5
above.
(viii) The Registrar of Companies (ROC) may be advised that in case any designated
individual/ entity is a shareholder/ director/ whole time director in any company
registered with ROC or beneficial owner of such company, then the ROC should
convey the complete details of such designated individual/ entity, as per the procedure
mentioned in paragraph 8 to 10 above. This procedure shall also be followed in case
of any designated individual/ entity being a partner of Limited Liabilities Partnership
Firms registered with ROC or beneficial owner of such firms. Further the ROC may be
advised that no company or limited liability Partnership firm shall be allowed to be
registered if any of the designated individual/ entity is the Director/ Promoter/ Partner


or beneficial owner of such company or firm and in case such a request received the
ROC should inform the UAPA Nodal Officer in the Ministry of Corporate Affairs who in
turn shall follow the similar procedure as laid down in paragraph 6.2 to 6.5 above.
(ix) Any person, either directly or indirectly, holding any funds or other assets of
designated individuals or entities, shall, without delay and without prior notice, cause
to freeze any transaction in relation to such funds or assets, by immediately informing
the nearest Police Station, which shall, in turn, inform the concerned UAPA Nodal
Officer of the State/UT along with the details of the funds/assets held. The concerned
UAPA Nodal Officer of the State/UT, would follow the same procedure as in para 6.2
to 6.6 above.
8. Regarding implementation of requests received from foreign countries under
U.N. Security Council Resolution 1373 of 2001:
8.1 The U.N. Security Council Resolution No.1373 of 2001 obligates countries to freeze
without delay the funds or other assets of persons who commit, or attempt to commit,
terrorist acts or participate in or facilitate the commission of terrorist acts; of entities
owned or controlled directly or indirectly by such persons; and of persons and entities
acting on behalf of, or at the direction of such persons and entities, including funds or
other assets derived or generated from property owned or controlled, directly or
indirectly, by such persons and associated persons and entities. Each individual
country has the authority to designate the persons and entities that should have their
funds or other assets frozen. Additionally, to ensure that effective cooperation is
developed among countries, countries should examine and give effect to, if
appropriate, the actions initiated under the freezing mechanisms of other countries.
8.2 To give effect to the requests of foreign countries under the U.N. Security
Council Resolution 1373, the Ministry of External Affairs shall examine the requests
made by the foreign countries and forward it electronically, with their comments, to the
Central [designated] Nodal Officer for the UAPA for freezing of funds or other assets.
8.3 The Central [designated] Nodal Officer for the UAPA shall cause the request to be
examined without delay, so as to satisfy itself that on the basis of applicable legal
principles, the requested designation is supported by reasonable grounds, or a
reasonable basis, to suspect or believe that the proposed designee is a terrorist, one
who finances terrorism or a terrorist organization, and upon his satisfaction, request


would be electronically forwarded to the Nodal Officers in Regulators, FIU-IND and to
the Nodal Officers of the States/UTs. The proposed designee, as mentioned above
would be treated as designated individuals/entities.
9. Upon receipt of the requests by these Nodal Officers from the Central [designated]
Nodal Officer for the UAPA, the similar procedure as enumerated at paragraphs 5 and
6 above shall be followed.
The freezing orders shall be issued without prior notice to the designated persons
involved.
10. Regarding exemption, to be granted to the above orders in accordance with
UNSCR 1452.
10.1
The
above
provisions
shall
not
apply
to
funds
and
other financial assets or economic resources that have been determined by the Central
[designated] nodal officer of the UAPA to be:-
(a) necessary for basic expenses, including payments for foodstuff, rent or
mortgage, medicines and medical treatment, taxes, insurance premiums and public
utility charges, or exclusively for payment of reasonable professional fees and
reimbursement of incurred expenses associated with the provision of legal services or
fees or service charges for routine holding or maintenance of frozen funds or other
financial assets or economic resources, after notification by the MEA of the intention
to authorize, where appropriate, access to such funds, assets or resources and in the
absence of a negative decision within 48 hours of such notification;
(b) necessary for extraordinary expenses, provided that such determination
has been notified by the MEA;
10.2. The addition may be allowed to accounts of the designated individuals/ entities
subject to the provisions of paragraph 10 of:
(a)   interest or other earnings due on those accounts, or
(b) payments due under contracts, agreements or obligations that arose prior
to the date on which those accounts became subject to the provisions of resolutions
1267 (1999), 1333 (2000), or 1390 (2002),
Provided that any such interest, other earnings and payments continue to be subject
to those provisions;


10.3 (a): The designated individual or organization may submit a request to the Central
[Designated] Nodal Officer for UAPA under the provisions of Para 10.1 above. The
Central [Designated] Nodal Officer for UAPA may be approached by post at “Joint
Secretary (CTCR), North Block, New Delhi – 110001” or through email to jsctcr-
mha@gov.in”
(b): The Central [Designated] Nodal Officer for UAPA shall examine such requests, in
consultation with the Law Enforcement Agencies and other Security Agencies and
Intelligence Agencies and, if accepted, communicate the same, if applicable, to the
Ministry of External Affairs, Government of India for notifying the committee
established pursuant to UNSC Resolution 1267 (1999) of the intention to authorize,
access to such funds, assets or resources in terms of Para 10.1 above.
11. Regarding procedure for unfreezing of funds, financial assets or economic
resources or related services of individuals/entities inadvertently affected by the
freezing mechanism upon verification that the person or entity is not a
designated person:
11.1 Any individual or entity, if it has evidence to prove that the freezing of
funds, financial assets or economic resources or related services, owned/held by them
has been inadvertently frozen, they shall move an application giving the requisite
evidence, in writing, to the concerned bank, stock exchanges/ depositories,
intermediaries regulated by SEBI, insurance companies, Registrar of Immovable
Properties, ROC, Regulators of DNFBPs and the UAPA Nodal Officers of State/UT.
11.2 The banks, stock exchanges/depositories, intermediaries regulated by
SEBI, insurance companies, Registrar of Immovable Properties, ROC, Regulators of
DNFBPs and the State/ UT Nodal Officers shall inform and forward a copy of the
application together with full details of the asset frozen given by any individual or entity
informing of the funds, financial assets or economic resources or related services have
been frozen inadvertently, to the Central [designated] Nodal Officer for the UAPA as
per the contact details given in Paragraph 3.1 above, within two working days.
11.3 The Central [designated] Nodal Officer for the UAPA shall cause such verification,
as may be required on the basis of the evidence furnished by the individual/entity, and,
if satisfied, he/she shall pass an order, without delay, unfreezing the funds, financial
assets or economic resources or related services, owned/held by such applicant, under


intimation to the concerned bank, stock exchanges/depositories, intermediaries
regulated by SEBI, insurance company, Registrar of Immovable Properties, ROC,
Regulators of DNFBPs and the UAPA Nodal Officer of State/UT. However, if it is not
possible for any reason to pass an Order unfreezing the assets within 5 working days,
the Central [designated] Nodal Officer for the UAPA shall inform the applicant
expeditiously.
11A. Regarding procedure for unfreezing of funds, financial assets or economic
resources or related services of individuals/organisations in the event of
delisting by the UNSCR 1267 (1999), 1988 (2011) and 1989 (2011) Committee
Upon making an application in writing by the concerned individual/organisation, to the
concerned bank, stock exchanges/depositories, intermediaries regulated by SEBI,
insurance companies, Registrar of Immovable Properties, RoC, Regulators of
DNFBPs, Department of Posts and the UAPA Nodal Officers of all States/UTs., who in
turn shall forward the application along with the full details of the assets frozen to the
Central [Designated] Nodal Officer for UAPA within two working days. The Central
[Designated] Nodal Officer for UAPA shall examine the request in consultation with the
Law Enforcement Agencies and other Security Agencies and Intelligence Agencies
and cause such verification as may be required and if satisfied, shall pass an order,
without delay, unfreezing the funds, financial assets or economic resources or related
services owned or held by the applicant under intimation to concerned bank, stock
exchanges/ depositories, intermediaries regulated by SEBI, insurance companies,
Registrar of Immovable Properties, RoC, Regulators of DNFBPs, Department of Posts
and the UAPA Nodal Officers of all States/UTs.
12. Regarding prevention of entry into or transit through India:
12.1 As regards prevention of entry into or transit through India of the designated
individuals, the UAPA Nodal Officer in the Foreigners Division of MHA, shall forward
the designated lists to the immigration authorities and security agencies with a request
to prevent the entry into or the transit through India. The order shall take place without
prior notice to the designated individuals/entities.
12.2 The immigration authorities shall ensure strict compliance of the order and also
communicate the details of entry or transit through India of the designated individuals
as prevented by them to the UAPA Nodal Officer in Foreigners Division of MHA.


13. Procedure for communication of compliance of action taken under Section
51A:  The Central [designated] Nodal Officer for the UAPA and the Nodal Officer in the
Foreigners Division, MHA shall furnish the details of funds, financial assets or
economic resources or related services of designated individuals/entities frozen by an
order, and details of the individuals whose entry into India or transit through India was
prevented, respectively, to the Ministry of External Affairs for onward communication
to the United Nations.
14. Communication of the Order issued under Section 51A of Unlawful Activities
(Prevention) Act, 1967:  The order issued under Section 51A of the Unlawful
Activities (Prevention) Act, 1967 by the Central [designated] Nodal Officer for the UAPA
relating to funds,  financial assets or economic resources or related services, shall be
communicated to all the UAPA nodal officers in the country, the Regulators of Financial
Services, FIU-IND and DNFBPs, banks, depositories/stock exchanges, intermediaries
regulated by SEBI, Registrars performing the work of registering immovable properties
through the UAPA Nodal Officer of the State/UT.
15. All concerned are requested to ensure strict compliance of this order.

(Ashutosh Agnihotri)
Joint Secretary to the Government of India
To,
1)
Governor, Reserve Bank of India, Mumbai
2)
Chairman, Securities & Exchange Board of India, Mumbai
3)
Chairman, Insurance Regulatory and Development Authority, Hyderabad.
4)
Foreign Secretary, Ministry of External Affairs, New Delhi.
5)
Finance Secretary, Ministry of Finance, New Delhi.
6)
Revenue Secretary, Department of Revenue, Ministry of Finance, New Delhi.
7)
Secretary, Ministry of Corporate Affairs, New Delhi
8)
Chairman, Central Board of Indirect Taxes & Customs, New Delhi.
9)
Director, Intelligence Bureau, New Delhi.
10)
Additional Secretary, Department of Financial Services, Ministry of Finance,


New Delhi.
11)
Chief Secretaries of all States/Union Territories
12)
Principal Secretary (Home)/Secretary (Home) of all States/ Union Territories
13)
Directors General of Police of all States & Union Territories
14)
Director General of Police, National Investigation Agency, New Delhi.
15)
Commissioner of Police, Delhi.
16)
Joint Secretary (Foreigners), Ministry of Home Affairs, New Delhi.
17)
Joint Secretary (Capital Markets), Department of Economic Affairs, Ministry of
Finance, New Delhi.
18)
Joint Secretary (Revenue), Department of Revenue, Ministry of Finance, New
Delhi.
19)
Director (FIU-IND), New Delhi.

Copy for information to: -
1.
Sr. PPS to HS
2.
PS to SS (IS)


Annex – II
F.No.P - 12011/14/2022-ES Cell-DOR
Government of India
Ministry of Finance
Department of Revenue
***
New Delhi, dated the 1st September, 2023
ORDER
Subject: - Procedure for implementation of Section 12A of “The Weapons of
Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities)
Act, 2005” .
Section 12A of The Weapons of Mass Destruction and their Delivery Systems
(Prohibition of Unlawful Activities) Act, 2005 [hereinafter referred to as ‘the Act’] reads
as under: -
"12A. (1) No person shall finance any activity which is prohibited under this
Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act
for the time being in force, or by an order issued under any such Act, in relation to
weapons
of
mass
destruction
and
their
delivery
systems.
(2) For prevention of financing by any person of any activity which is prohibited
under this Act, or under the United Nations (Security Council) Act, 1947 or any other
relevant Act for the time being in force, or by an order issued under any such Act, in
relation to weapons of mass destruction and their delivery systems, the Central
Government shall have power to—
a)
freeze, seize or attach funds or other financial assets or economic
resources—
i.owned or controlled, wholly or jointly, directly or indirectly, by such person; or
ii.held by or on behalf of, or at the direction of, such person; or
iii.derived or generated from the funds or other assets owned or controlled, directly or
indirectly, by such person;
prohibit
any
person
from
making
funds,
financial
assets
or
economic


resources or related services available for the benefit of persons related to any activity
which is prohibited under this Act, or under the United Nations (Security Council) Act,
1947 or any other relevant Act for the time being in force, or by an order issued under
any such Act, in relation to weapons of mass destruction and their delivery systems.
(3) The Central Government may exercise its powers under this section through any
authority who has been assigned the power under sub-section (1) of section 7.”
II In order to ensure expeditious and effective implementation of the provisions of
Section 12A of the Act, the procedure is outlined below.
1. Appointment and communication details of Section 12A Nodal Officers:
1.1  In exercise of the powers conferred under Section 7(1) of the Act, the Central
Government assigns   Director, FIU-India, Department of Revenue, Ministry of
Finance, as the authority to exercise powers under Section 12A of the Act. The
Director, FIU-India shall be hereby referred to as the Central Nodal Officer (CNO) for
the purpose of this order. [Telephone Number: 011- 23314458, 011- 23314435, 011-
23314459 (FAX), email address: dir@fiuindia.gov.in].
1.2 Regulator under this order shall have the same meaning as defined in Rule 2(fa)
of Prevention of Money-Laundering (Maintenance of Records) Rules, 2005. Reporting
Entity (RE) shall have the same meaning as defined in Section 2 (1) (wa) of Prevention
of Money-Laundering Act, 2002. DNFPBs is as defined in section 2(1) (sa) of
Prevention of Money-Laundering Act, 2002.
1.3 The Regulators, Ministry of Corporate Affairs and Foreigners Division of MHA shall
notify a Nodal Officer for implementation of provisions of Section 12A of the Act. The
Regulator may notify the Nodal Officer appointed for implementation of provisions of
Section 51A of UAPA, also, as the Nodal Officer for implementation of Section 12A of
the Act. All the States and UTs shall notify a State Nodal officer for implementation of
Section 12A of the Act. A State/UT may notify the State Nodal Officer appointed for
implementation of provisions of Section 51A of UAPA, also, as the Nodal Officer for
implementation of Section 12A of the Act.
1.4 The CNO shall maintain an updated list of all Nodal Officers, and share the updated
list with all Nodal Officers periodically. The CNO shall forward the updated list of all
Nodal Officers to all REs.


2.  Communication of the lists of designated individuals/entities:
2.1 The Ministry of External Affairs will electronically communicate, without delay, the
changes made in the list of designated individuals and entities (hereinafter referred to
as ‘designated list’) in line with section 12A (1) to the CNO and Nodal officers.
2.1.1  Further, the CNO shall maintain the Designated list on the portal of FIU-India.
The list would be updated by the CNO, as and when it is updated, as per para 2.1
above, without delay. It shall make available for all Nodal officers, the State Nodal
Officers, and to the Registrars performing the work of registration of immovable
properties, either directly or through State Nodal Officers, without delay.
2.1.2  The Ministry of External Affairs may also share other information relating to
prohibition / prevention of financing of prohibited activity under Section 12A (after its
initial assessment of the relevant factors in the case) with the CNO and other
organizations concerned, for initiating verification and suitable action.
2.1.3  The Regulators shall make available the updated designated list, without delay,
to their REs. The REs will maintain the designated list and update it, without delay,
whenever changes are made as per para 2.1 above.
2.2 The Nodal Officer for Section 12A in Foreigners Division of MHA shall forward the
updated designated list to the immigration authorities and security agencies, without
delay.
3. Regarding funds, financial assets or economic resources or related services
held in the form of bank accounts, stocks or insurance policies, etc.
3.1 All Financial Institutions shall –
i. Verify if the particulars of the entities/individual, party to the financial transactions,
match with the particulars of designated list and in case of match, REs shall not carry
out such transaction and shall immediately inform the transaction details with full
particulars of the funds, financial assets or economic resources involved to the CNO
by email, FAX and by post, without delay.
ii. Run a check, on the given parameters, at the time of establishing a relation with a
customer and on a periodic basis to verify whether individuals and entities in the
designated list are holding any funds, financial assets or economic resources or related
services, in the form of bank accounts, stocks, Insurance policies etc. In case, the


particulars of any of their customers match with the particulars of designated list, REs
shall immediately inform full particulars of the funds, financial assets or economic
resources or related services held in the form of bank accounts, stocks or insurance
policies etc., held on their books to the CNO by email, FAX and by post, without delay.
iii. The REs shall also send a copy of the communication, mentioned in 3.1 (i) and (ii)
above, to State Nodal Officer, where the account/transaction is held, and to their
Regulator, as the case may be, without delay.
iv. In case there are reasons to believe beyond doubt that funds or assets held by a
customer would fall under the purview of clause (a) or (b) of sub-section (2) of Section
12A, REs shall prevent such individual/entity from conducting financial transactions,
under intimation to the CNO by email, FAX and by post , without delay.
3.2 On receipt of the particulars, as referred to in Paragraph 3.1 above, the CNO would
cause a verification to be conducted by the State Police and/or the Central Agencies
so as to ensure that the individuals/entities identified by the REs are the ones in
designated list and the funds, financial assets or economic resources or related
services, reported by REs are in respect of the designated individuals/entities. This
verification would be completed expeditiously from the date of receipt of such
particulars.
3.3  In case, the results of the verification indicate that the assets are owned by, or are
held for the benefit of, the designated individuals/entities, an order to freeze these
assets under Section 12A would be issued by the CNO without delay and be conveyed
electronically to the concerned RE under intimation to respective Regulators. The CNO
shall also forward a copy thereof to all the Principal Secretaries/Secretaries, Home
Department of the States/UTs and All Nodal officers in the country, so that any
individual or entity may be prohibited from making any funds, financial assets or
economic resources or related services available for the benefit of the designated
individuals / entities. The CNO shall also forward a copy of the order to all Directors
General of Police/ Commissioners of Police of all States/UTs for initiating suitable
action.
3.4 The order shall be issued without prior notice to the designated individual/entity.
4. Regarding financial assets or economic resources of the nature of immovable
properties:


4.1 The Registrars performing work of registration of immovable properties shall --
i.Verify if the particulars of the entities/individual, party to the transactions, match with
the particulars of the designated list, and, in case of match, shall not carry out such
transaction and immediately inform the details with full particulars of the assets or
economic resources involved to the State Nodal Officer, without delay.
ii.Verify from the records in their respective jurisdiction, without delay, on given
parameters, if the details match with the details of the individuals and entities in the
designated list. In case, the designated individuals/entities are holding financial assets
or economic resources of the nature of immovable property, and if any match with the
designated individuals/entities is found, the Registrar shall immediately inform the
details with full particulars of the assets or economic resources involved to the State
Nodal Officer, without delay.
iii.In case there are reasons to believe beyond doubt that assets that are held by an
individual/entity would fall under the purview of clause (a) or (b) of sub-section (2) of
Section 12A, Registrar shall prevent such individual/entity from conducting
transactions, under intimation to the State Nodal Officer by email, FAX and by post ,
without delay.
4.2 The State Nodal Officer would cause communication of the complete particulars of
such individual/entity along with complete details of the financial assets or economic
resources to the CNO without delay by email, FAX and by post.
4.3 The State Nodal Officer may cause such inquiry to be conducted by the State
Police so as to ensure that the particulars sent are indeed of these designated
individuals/entities. This verification shall be completed without delay and shall be
conveyed, within 24 hours of the verification, if it matches, with the particulars of the
designated individual/entity, to the CNO without delay by email, FAX and by post.
4.4 The CNO may also have the verification conducted by the Central Agencies. This
verification would be completed expeditiously.
4.5 In case, the results of the verification indicate that the assets are owned by, or are
held for the benefit of, the designated individuals/entities, an order to freeze these
assets under Section 12A would be issued by the CNO without delay and be conveyed
electronically to the concerned Registrar performing the work of registering immovable
properties, and to FIU under intimation to the concerned State Nodal Officer. The CNO


shall also forward a copy thereof to all the Principal Secretaries/Secretaries, Home
Department of the States/UTs and All Nodal officers in the country, so that any
individual or entity may be prohibited from making any funds, financial assets or
economic resources or related services available for the benefit of the designated
individuals / entities. The CNO shall also forward a copy of the order to all Directors
General of Police/ Commissioners of Police of all States/UTs for initiating suitable
action.
4.6   The order shall be issued without prior notice to the designated individual/entity.
5. Regarding the real-estate agents, dealers of precious metals/stones
(DPMS), Registrar of Societies/ Firms/ non-profit organizations, The Ministry
of Corporate Affairs and Designated Non-Financial Businesses and
Professions (DNFBPs):
(i) The dealers of precious metals/stones (DPMS) as notified under PML (Maintenance
of Records) Rules, 2005 and Real Estate Agents, as notified under clause (vi) of
Section 2(1) (sa) of Prevention of Money-Laundering Act, 2002, are required to ensure
that if any designated individual/entity approaches them for sale/purchase of precious
metals/stones/Real Estate Assets or attempts to undertake such transactions, the
dealer should not carry out such transaction and, without delay, inform the Section 12A
Nodal officer in the Central Board of Indirect Taxes and Customs (CBIC). Also, If the
dealers hold any assets or funds of the designated individual/entity, they shall freeze
the same without delay and inform the Section 12A Nodal officer in the CBIC, who will,
in turn, follow procedure similar to as laid down for State Nodal Officer in the
paragraphs 4.2 to 4.6.
(ii) Registrar of Societies/ Firms/ non-profit organizations are required to ensure that if
any designated individual/ entity is a shareholder/ member/ partner/ director/ settler/
trustee/ beneficiary/ beneficial owner of any society/ partnership firm/ trust/ non-profit
organization, then the Registrar shall freeze any transaction for such designated
individual/ entity and shall inform the State Nodal Officer, without delay, and, if such
society/ partnership firm/ trust/ non-profit organization holds funds or assets of
designated individual/ entity, follow the procedure as laid down for State Nodal Officer
in the paragraphs 4.2 to 4.6 above. The Registrar should also ensure that no societies/
firms/ non-profit organizations should be allowed to be registered if any of the


designated individual/ entity is a director/ partner/ office bearer/ trustee/ settler/
beneficiary or beneficial owner of such juridical person and, in case, such request is
received, then the Registrar shall inform the State Nodal Officer, without delay.
(iii)The State Nodal Officer shall also advise appropriate department of the State/UT,
administering the operations relating to Casinos, to ensure that the designated
individuals/ entities should not be allowed to own or have beneficial ownership in any
Casino operation. Further, if any designated individual/ entity visits or participates in
any game in the Casino or if any assets of such designated individual/ entity are with
the Casino operator, or if the particulars of any client match with the particulars of
designated individuals/ entities, the Casino owner shall inform the State Nodal Officer,
without delay, and shall freeze any such transaction.
(iv) The Ministry of Corporate Affairs shall issue an appropriate order to the Institute of
Chartered Accountants of India, Institute of Cost and Works Accountants of India and
Institute of Company Secretaries of India (ICSI), requesting them to sensitize their
respective members to the provisions of Section 12A, so that, if any designated
individual/entity approaches them, for entering/ investing in the financial sector and/or
immovable property, or they are holding or managing any assets/ resources of
designated individual/ entities, then the member shall convey the complete details of
such designated individual/ entity to Section 12A Nodal Officer in the Ministry of
Corporate Affairs, who shall in turn follow the similar procedure as laid down for State
Nodal Officer in paragraph 4.2 to 4.6 above.
(v) The members of these institutes should also be sensitized by the Institute of
Chartered Accountants of India, Institute of Cost and Work Accountants of India and
Institute of Company Secretaries of India (ICSI) that if they have arranged for or have
been approached for incorporation/ formation/ registration of any company, limited
liability firm, partnership firm, society, trust, association where any designated
individual/ entity is a director/ shareholder/ member of a company/ society/ association
or partner in a firm or settler/ trustee or beneficiary of a trust or a beneficial owner of a
juridical person, then the member of the institute should not incorporate/ form/ register
such juridical person and should convey the complete details of such designated
individual/ entity to Section 12A Nodal Officer in the Ministry of Corporate Affairs.
(vi) In addition, a member of the ICSI shall, if he/she is Company Secretary or is holding


any managerial position where any of designated individual/ entity is a Director and/or
Shareholder or having beneficial ownership of any such juridical person, convey the
complete details of such designated individual/ entity to Section 12A Nodal Officer in
the Ministry of Corporate Affairs, who shall follow the similar procedure as laid down in
paragraph 4.2 to 4.6 above for State Nodal Officer, if such company, limited liability
firm, partnership firm, society, trust, or association holds funds or assets of the
designated individual/entity.
(vii) In case any designated individual/ entity is a shareholder/ director/ whole time
director in any company registered with the Registrar of Companies (ROC) or
beneficial owner of such company or partner in a Limited Liabilities Partnership Firm
registered with ROC or beneficial owner of such firm, the ROC should convey the
complete details of such designated individual/ entity to section 12A Nodal officer of
Ministry of Corporate Affairs. If such company or LLP holds funds or assets of the
designated individual/ entity, he shall follow the similar procedure as laid down in
paragraph 4.2 to 4.6 above for State Nodal Officer. Further the ROCs are required to
ensure that no company or limited liability Partnership firm shall be allowed to be
registered if any of the designated individual/ entity is the Director/ Promoter/ Partner
or beneficial owner of such company or firm, and in case such a request is received,
the ROC should inform the Section 12A Nodal Officer in the Ministry of Corporate
Affairs.
(viii) All communications to Nodal officer as enunciated in subclauses (i) to (vii) above
should, inter alia, include the details of funds and assets held and the details of
transaction.
(ix) The Other DNBPs are required to ensure that if any designated individual/entity
approaches them for a transaction or relationship or attempts to undertake such
transactions, the dealer should not carry out such transaction and, without delay,
inform the Section 12A Central Nodal officer. The communication to the Central Nodal
Officer would include the details of funds and assets held and the details of the
transaction. Also, If the dealers hold any assets or funds of the designated
individual/entity, they shall freeze the same without delay and inform the Section 12A
Central Nodal officer. (DNFBPs shall have the same meaning as the definition in
Section 2(1) (sa) of Prevention of Money-Laundering Act,2002.)


5.1. All Natural and legal persons holding any funds or other assets of designated
persons and entities, shall, without delay and without prior notice, freeze any
transaction in relation to such funds or assets and shall immediately inform the State
Nodal officer along with details of the funds/assets held, who in turn would follow the
same procedure as in para 4.2 to 4.6 above for State Nodal Officer. This obligation
should extend to all funds or other assets that are owned or controlled by the
designated person or entity, and not just those that can be tied to a particular act, plot
or threat of proliferation; those funds or other assets that are wholly or jointly owned or
controlled, directly or indirectly, by designated persons or entities; and the funds or
other assets derived or generated from funds or other assets owned or controlled
directly or indirectly by designated persons or entities, as well as funds or other assets
of persons and entities acting on behalf of, or at the direction of designated persons or
entities.
5.2 No person shall finance any activity related to the 'designated list' referred to in
Para 2.1, except in cases where exemption has been granted as per Para 6 of this
Order.
5.3 Further, the State Nodal Officer shall cause to monitor the transactions / accounts
of the designated individual/entity so as to prohibit any individual or entity from making
any funds, financial assets or economic resources or related services available for the
benefit of the individuals or entities in the designated list. The State Nodal Officer shall,
upon becoming aware of any transactions and attempts by third party, without delay,
bring the incidence to the notice of the CNO and the DGP/Commissioner of Police of
the State/UT for initiating suitable action.
5.4 Where the CNO has reasons to believe that any funds or assets are violative of
Section 12A (1) or Section 12A (2)(b) of the Act, he shall, by order, freeze such funds
or Assets, without any delay, and make such order available to authorities, Financial
Institutions, DNFBPs and other entities concerned.
5.5 The CNO shall also have the power to issue advisories and guidance to all persons,
including Fls and DNFBPs obligated to carry out sanctions screening. The concerned
Regulators shall take suitable action under their relevant laws, rules or regulations for
each violation of sanction screening obligations under section 12A of the WMD Act.
6.  Regarding exemption, to be granted to the above orders


6.1 The above provisions shall not apply to funds and other financial assets or
economic resources that have been determined by the CNO to be: -
(a) necessary for basic expenses, including payments for foodstuff, rent or mortgage,
medicines and medical treatment, taxes, insurance premiums and public utility
charges, or exclusively for payment of reasonable professional fees and
reimbursement of incurred expenses associated with the provision of legal services or
fees or service charges for routine holding or maintenance of frozen funds or other
financial assets or economic resources, consequent to notification by the MEA
authorizing access to such funds, assets or resources.
This shall be consequent to notification by the MEA to the UNSC or its Committee, of
the intention to authorize access to such funds, assets or resources, and in the
absence of a negative decision by the UNSC or its Committee within 5 working days
of such notification.
(b) necessary for extraordinary expenses, provided that such determination has been
notified by the MEA to the UNSC or its Committee, and has been approved by the
UNSC or its Committee;
6.2. The accounts of the designated individuals/ entities may be allowed to be credited
with:
(a) interest or other earnings due on those accounts, or
(b) payments due under contracts, agreements or obligations that arose prior to the
date on which those accounts became subject to the provisions of section 12A of the
Act.
Provided that any such interest, other earnings and payments continue to be subject
to those provisions under para 3.3;
6.3 Any freezing action taken related to the designated list under this Order should not
prevent a designated individual or entity from making any payment due under a
contract entered into prior to the listing of such individual or entity, provided
that:
(i) the CNO has determined that the contract is not related to any of the prohibited
goods, services, technologies, or activities, under this Act, or under the United Nations
(Security Council) Act, 1947 or any other relevant Act for the time being in force, or by


an order issued under any such Act, in relation to weapons of mass destruction and
their delivery systems;
(ii) the CNO has determined that the payment is not directly or indirectly received by
an individual or entity in the designated list under this Order; and
(iii) the MEA has submitted prior notification to the UNSC or its Committee, of the
intention to make or receive such payments or to authorise, where appropriate, he
unfreezing of funds, other financial assets or economic resources for this purpose, ten
working days prior to such authorization
7. Regarding procedure for unfreezing of funds, financial assets or economic
resources or related services of individuals/entities inadvertently affected by the
freezing mechanism upon verification that the individual or entity is not a
designated person or no longer meet the criteria for designation:
7.1 Any individual/entity, if it has evidence to prove that the freezing of funds, financial
assets or economic resources or related services, owned/held has been inadvertently
frozen, an application may be moved giving the requisite evidence, in writing, to the
relevant RE/Registrar of Immovable Properties/ ROC/Regulators and the State.
7.2 The RE/Registrar of Immovable Properties/ROC/Regulator and the State Nodal
Officer shall inform, and forward a copy of the application, together with full details of
the asset frozen, as given by applicant to the CNO by email, FAX and by Post, within
two working days. Also, listed persons and entities may petition a request for delisting
at the Focal Point Mechanism established under UNSC Resolution.
7.3 The CNO shall cause such verification, as may be required on the basis of the
evidence furnished by the individual/entity, and, if satisfied, it shall pass an order,
without delay, unfreezing the funds, financial assets or economic resources or related
services, owned/held by such applicant, under intimation to all RE/Registrar of
Immovable Properties/ROC/Regulators and the State Nodal Officer. However, if it is
not possible, for any reason, to pass an Order unfreezing the assets within 5 working
days, the CNO shall inform the applicant expeditiously.
7.4 The CNO shall, based on de-listing of individual and entity under UN Security
Council Resolutions, shall pass an order, if not required to be designated in any other
order, without delay, unfreezing the funds, financial assets or economic resources or
related services, owned/held by such applicant, under intimation to all RE/Registrar of


Immovable Properties/ROC/Regulators and the State Nodal Officer.
8. Procedure for communication of compliance of action taken under Section
12A: The CNO and the Nodal Officer in the Foreigners Division, MHA shall furnish the
details of funds, financial assets or economic resources or related services of
designated individuals/entities, frozen by an order, and details of the individuals whose
entry into India or transit through India was prevented, respectively, to the Ministry of
External Affairs, for onward communication to the United Nations.
9. Communication of the Order issued under Section 12A: The Order issued under
Section 12A of the Act by the CNO relating to funds, financial assets or economic
resources or related services, shall be communicated to all nodal officers in the
country.
10. This order is issued in suppression of F.No.P-12011/14/2022-ES Cell-DOR, dated
30th January 2023.
11.  All concerned are requested to ensure strict compliance of this order.

(Manoj Kumar Singh)
Director (HQ)
To,
1)Governor, Reserve Bank of India, Mumbai
2)Chairman, Securities & Exchange Board of India, Mumbai
3)Chairman, Insurance Regulatory and Development Authority, Hyderabad.
4)Foreign Secretary, Ministry of External Affairs, New Delhi.
5)Finance Secretary, Ministry of Finance, New Delhi.
6)Revenue Secretary, Department of Revenue, Ministry of Finance, New Delhi.
7)Secretary, Ministry of Corporate Affairs, New Delhi
8)Chairman, Central Board of Indirect Taxes & Customs, New Delhi.
9)Director, Intelligence Bureau, New Delhi.
10) Additional Secretary, Department of Financial Services, Ministry of Finance, New


Delhi.
11) Chief Secretaries of all States/Union Territories
12)  Principal Secretary (Home)/Secretary (Home) of all States/ Union Territories
13)  Directors General of Police of all States & Union Territories
14)  Director General of Police, National Investigation Agency, New Delhi.
15)  Commissioner of Police, Delhi.
16)  Joint Secretary (Foreigners), Ministry of Home Affairs, New Delhi.
17) Joint Secretary (Capital Markets), Department of Economic Affairs, Ministry of
Finance, New Delhi.
18)  Joint Secretary (Revenue), Department of Revenue, Ministry of Finance, New
Delhi.
19)  Director (FIU-IND), New Delhi.

Copy for information to: -
1. Sr. PPS to HS
2. PS to SS (IS)